Department of Transport Act (R.S.C., 1985, c. T-18)

Regulations for Use of Canals

Marginal note:Management of canals and tolls

16 The Governor in Council may make such regulations as the Governor in Council deems necessary for the management, maintenance, proper use and protection of the canals or other works under the management, charge and direction or the control of the Minister, and for the ascertaining and collection of the tolls, dues and revenues thereon.

Marginal note:Fines and enforcement

• 17 (1) The Governor in Council may, by the regulations mentioned in section 16,

  • (a) impose such fines, not exceeding in any one case four hundred dollars, for any contravention of a regulation, as the Governor in Council deems necessary for ensuring its observance and the payment of the tolls and dues imposed;

  • (b) provide for the non-passing or detention and seizure at the risk of the owner of any steamboat, vessel, raft, crib or other craft, timber or goods

    • (i) on which tolls or dues have accrued and have not been paid,

    • (ii) in respect of which a regulation has otherwise been contravened or any injury done to a canal and not paid for, or

    • (iii) for or on account of which a fine remains unpaid; and

  • (c) provide for the sale of anything detained or seized under a regulation pursuant to paragraph (b) if the tolls, dues, damages or fine are not paid by the time fixed therefor, and for the payment of the amounts due out of the proceeds of the sale.

• Marginal note:Surplus proceeds

  (2) The surplus proceeds, if any, of a sale referred to in paragraph (1)(c) shall be returned to the owner or the owner’s agent.

• Marginal note:Crown’s rights not impaired

  (3) No regulation made under section 16 and this section impairs the right of the Crown to recover in the ordinary course of law unpaid tolls, dues, fines or damages.

General

Marginal note:Provincial contracts enure to Canada

18 All contracts, bonds, agreements or leases for or respecting any railway or canal now the property of Canada, or for any tolls imposed for their use, entered into by the Commissioner of Public Works of the former Province of Canada, or by the Board of Works of the Province of Nova Scotia or of the Province of New Brunswick, or by any commissioners or other persons duly authorized to enter into them in any province of Canada, enure to the use of Her Majesty, and may be enforced as if they had been entered into with Her Majesty under the authority of this Act.

Marginal note:Custody of documents

19 The Governor in Council may require any person or any provincial authority having the possession or custody of any maps, plans, specifications, estimates, reports or other papers, books, drawings, instruments, models, contracts, documents or records that are not private property and that relate to any railway, building or property connected therewith, or to any canal under the management, charge and direction or the control of the Minister, to deliver them without delay to the Secretary.

Annual Report

Marginal note:Annual report

20 The Minister shall make and submit to the Governor General an annual report on all the railways and canals under the management, charge and direction or the control of the Minister, and the annual report shall be laid before each House of Parliament within twenty-one days after the commencement of the session, showing the state of each work and the amounts received and expended in respect thereof, with such further information as is requisite.